Federal Act on Information and Transparency (Freedom of Information Act, FoIA) (LIP)

1 This Act governs public information and access to official documents.

2 Its purpose is to ensure the free formation of public opinion and to foster participation in public life, by promoting transparency regarding the State's duties, organization, and activities.

1 This Law applies to

a) the Grand Council, its organs, and its services;

b) the Council of State, the cantonal administration, and the commissions and working groups constituted by it;

c) judicial authorities, limited to active information and their administrative and supervisory activities;

d) communal Assemblies, communal Councils and their commissions, Municipalities, and communal administrations;

e) the organs and services of other public law entities and corporations, private companies with majority state participation, and other bodies entrusted with tasks of public interest.

2 This Law does not apply to the Banca dello Stato del Cantone Ticino.

3 The Council of State may exclude from the scope of application of this Law other administrative units or other organizations external to the administration

a) if it is necessary for the fulfillment of the tasks entrusted to them, or

b) if subjection to this Law prejudices their competitiveness.

Reservation of special provisions

1 Access to official documents concerning ongoing proceedings is governed by the respective procedural laws and special laws.

2 Access to official documents containing applicant data is governed by the cantonal law on personal data protection.

3 Special provisions of federal law or other cantonal laws that

a) declare certain information confidential, or

b) provide for conditions for accessing certain information that diverge from those established by this law,

remain reserved.

1. Minutes and recordings of authorities and bodies that deliberate behind closed doors are not accessible.

2. The Council of State may exclude other categories of official documents from the right of access.

1 The authorities shall inform the public about their activities where there is a general interest and no overriding public or private interest opposes it.

2 The information must be adequate, clear and timely.

3 The authorities shall communicate their information through the media, respecting the principle of equal treatment.

4 Information of general interest or deemed important shall be disseminated via the websites of the bodies and authorities specified in Art. 2 para. 1.

1 Subject to special laws, judicial authorities may provide information on ongoing proceedings only if the public interest so requires.

2 They must in all cases safeguard the requirements of the investigation and respect the legitimate interests of the parties and third parties.

3 The publication of decisions that have become legally binding is guaranteed according to the modalities established by the law on judicial organization and the law of procedure for administrative cases.

1 The authorities and bodies of other entities, corporations, companies or organizations referred to in Art. 2 para. 1 shall designate an information officer.

2 The officer shall in particular ensure the necessary and timely cooperation with media representatives.

1 Official documents are considered to be all information in the possession of the authority that created them or to which they were communicated (hereinafter, the responsible authority), concerning the fulfillment of a public task and recorded on any medium.

2 Documents whose preparation is not completed or which are intended for personal purposes or which are used by an authority for commercial purposes are not considered official.

3 The types of official documents are specified, non-exhaustively, by the implementing provisions.

Right of Access

1 Every person has the right to consult official documents and to obtain information regarding their content from the authorities.

2 They may consult official documents on-site or obtain copies thereof; a right to receive copies is recognized if the administrative burden is not disproportionate and if the interested person bears the costs.

3 The use of official documents is subject to intellectual property legislation.

4 If a document is published in an official gazette or on a Canton's or other bodies', corporations', societies' or organizations' website subject to this law, the right to consult as per paragraphs 1 and 2 is considered fulfilled.

1 Subject to Art. 11, the right of access to an official document is denied to protect a predominant public or private interest if it may

a) influence or compromise the free formation of will or opinion of an authority;

b) disrupt the appropriate execution of concrete measures by an authority;

c) endanger State security or public order;

d) compromise the foreign policy of the Canton;

e) infringe upon the private sphere of third parties; exceptionally, however, the public interest in access may prevail;

f) imply the revelation of professional, manufacturing, and business secrets;

g) involve the disclosure of information freely provided by third parties to an authority that guaranteed its confidentiality.

2 Access to an official document may be denied only if the request cannot be objectively decided within the extended deadlines according to Art. 15 para. 2 without prejudice to the proper fulfillment of ordinary administrative activity.

1 The limitation to the right of access applies solely to those parts of an official document whose disclosure could compromise public or private interests as stipulated by Art. 10; in these cases, the authority may nevertheless refuse access to the entire document if redacting the inaccessible parts would distort its meaning and scope.

2 Access to an official document may be deferred when the grounds justifying inaccessibility are temporary.

3 Access to an official document may in any case be subject to conditions or charges to protect the public or private interests safeguarded by Art. 10.

1 Official documents containing personal data must, where possible, be anonymized before being consulted.

2 If the request for access concerns official documents that cannot be anonymized, the provisions of the cantonal law on the protection of personal data shall apply; the access procedure shall be governed by the present law.

1 The request for access to official documents must be submitted to the authority that drafted the document or that received it as the primary recipient from entities not subject to the law. [1]

2 Such a request does not need to be justified; however, it must provide sufficient information to enable the document to be easily located.

3 As far as possible, the authority shall provide assistance to the applicant to enable a rapid identification of the requested document.

4 The authorities and bodies referred to in Art. 2 para. 1 may designate one or more central services responsible for managing and processing access requests.

[1] Para. amended by Law of 29.5.2017; in force since 21.7.2017 - BO 2017, 228.

1 If the access request concerns official documents containing personal data, the authority, should it intend to grant access, consults the interested person, if locatable without excessive administrative burden, and gives them the opportunity to present their observations within 10 days.

2 The authority informs the consulted person of its position regarding the access request.

Authority's Position

1 Decision Period

1 The authority shall rule as soon as possible, but no later than 15 days from receipt of the application.

2 This period may be extended

a) by 15 days if the application requires particularly extensive processing or concerns voluminous, complex, or difficult-to-locate documents;

b) for the necessary duration if the application concerns official documents containing personal data and requiring particular clarification of the legal situation.

In such cases, the authority shall inform the applicant thereof.

3 If access is granted without restrictions and with the consent of the persons consulted according to Art. 14, the authority's decision shall be communicated in writing to the applicant and the consulted persons without further formalities.

4 If access is denied, restricted, deferred, or made conditional, or if it is granted against the will of the consulted persons, the authority's decision must be reasoned and communicated in writing to the persons who requested access and to those who were consulted.

5 The opposition of persons consulted according to Art. 14 suspends access to the document until the legal situation is clarified; exceptional cases where access is supported by an absolutely preponderant public interest remain reserved.

1. Access to official documents is free of charge.

2. A fee shall be charged to applicants if copies are provided, if access to a document involves administrative costs of a certain importance, or if reports, brochures or other printed documents and information media are supplied.

3. The scale of fees shall be determined by the Council of State.

[2] 1 To promote and facilitate the alternative and swift resolution of disputes, the Council of State designates an independent Mediation Commission.

2 The Commission comprises a president, two members, and three substitutes.

3 The members of the Mediation Commission have access to official documents subject to official secrecy and are bound by this secrecy to the same extent as the authorities whose official documents they consult or from whom they obtain information.

4 The Commission adopts its own internal regulations governing its organization and operation.

[2] Art. amended by L 29.5.2017; in force since 21.7.2017 - BU 2017, 228.

1 The mediation procedure is optional and free of charge.

2 Any person may submit a request for mediation if

a) their access to official documents has been denied, restricted, deferred, or made conditional;

b) the authority has not made a decision on their request within the period prescribed by law or extended by it;

c) they have been consulted in accordance with Art. 14, where the authority has granted access against their will;

d) they dispute the access fee provided for in Art. 16 para. 2.

3 The request must be submitted in writing to the Mediation Commission within 15 days of receiving the responsible authority’s statement of position or the expiry of the period within which the authority must state its position.

4 The responsible authority is obliged to participate in the mediation procedure.

5 The Commission shall notify the parties and consulted third parties in writing of the conclusion of the mediation procedure.

6 If the mediation is successful, the case shall be struck from the register.

7 If the mediation is unsuccessful, the Commission shall issue a written communication to the attention of the participants, stating the reasons, within 10 days of the conclusion of the procedure.

1 If mediation is not requested or is unsuccessful, the applicant or the persons consulted in accordance with Art. 14 of this law may request the responsible authority to issue a formal, duly reasoned decision.

2 The request for a decision must be submitted within 15 days of receiving the responsible authority’s statement of position or the expiry of the period within which the authority must state its position, or within 15 days of the communication from the Mediation Commission as per Art. 18 para. 5 of this law. [3]

3 The decision shall be rendered within 15 days of receiving the request for a decision.

[3] Para. amended by L 29.5.2017; in force since 21.7.2017 - BU 2017, 228.

[4] 1 An appeal against the decision of the responsible authority may be lodged with the Cantonal Commission for Data Protection and Transparency.

2 Decisions of the Cantonal Commission for Data Protection and Transparency may be challenged before the Cantonal Administrative Court.

3 The Administrative Procedure Act of 24 September 2013 is applicable. [5]

4 The appeal authorities have access to official documents subject to official secrecy and are bound by this secrecy to the same extent as the authorities whose official documents they consult or from whom they obtain information.

[4] Art. amended by L 29.5.2017; in force since 21.7.2017 - BU 2017, 228.

[5] Para. amended by L 24.9.2013; in force since 1.3.2014 - BU 2013, 470.

The authorities shall ensure that the classification of official documents allows for their access.

The authorities, bodies, corporations, companies, and other organizations in accordance with Art. 2 para. 1 shall regulate the management of their official documents in conformity with the principles of this law.

The State Chancellery promotes transparency and, in particular

a) offers advice to authorities, entities, corporations, companies, and organizations subject to this law;

b) ensures and coordinates public and internal administrative information on the principles of transparency and promotes the training of employees;

c) collaborates in the application of the law.

1 The State Chancellor evaluates the application, effects, and costs resulting from the implementation of this law and annually prepares a report for the attention of the Grand Council and the Council of State.

2 A first evaluation report must be submitted to the Council of State within two years of the law's entry into force.

3 The Mediation Commission, as well as the authorities and bodies provided for in Art. 2 para. 1 of this law, must provide the State Chancellery with the necessary cooperation.

4 The reports of the State Chancellor are published.

The Council of State issues the necessary implementing provisions.

The amendment of existing law is governed by the Annex.

Transitional provision

[6] Official documents prepared prior to the entry into force of this law are accessible according to the procedures established by Articles 9 et seq., in the state in which they are found.

Referendum and Entry into Force

[6] Art. amended by L 8.11.2011; in force since 1.1.2013 - BU 2012, 428.

1 After the expiry of the time limits for exercising the right of referendum, this law, with its appendix, shall be published in the Official Gazette of Laws and Executive Acts.

2 The Council of State shall determine its entry into force. [7]

Published in OG 2012, 421.

[7] Entry into force: 1 January 2013 - OG 2012, 428.